Transcript Slide 1

CFR 29
Part 1904
Recording and Reporting
Occupational Injuries and Illnesses
29 CFR Part 1904

Subpart A – Purpose

Subpart B – Scope

Subpart C – Recordkeeping Forms and
Recording Criteria

Subpart D – Other OSHA Injury and Illness
Recordkeeping Requirements

Subpart E – Reporting Fatality, Injury and
Illness Information to the Government

Subpart F – Transition From the Former Rule

Subpart G – Definitions
Subpart A
Purpose
Subpart A -Purpose

§ 1904.0 Purpose.

To require employers to record and report workrelated fatalities, injuries and illnesses.

Note to § 1904.0: Recording or reporting a
work-related injury, illness, or fatality does not
mean that the employer or employee was at
fault, that an OSHA rule has been violated, or
that the employee is eligible for workers'
compensation or other benefits.
Subpart G
Definitions
Subpart G - Definitions

Injury or illness: An injury or illness is an
abnormal condition or disorder. Injuries include
cases such as, but not limited to, a cut, fracture,
sprain, or amputation.

Illnesses include both acute and chronic illnesses,
such as, but not limited to, a skin disease,
respiratory disorder, or poisoning.

(Note: Injuries and illnesses are recordable only if
they are new, work-related cases that meet one or
more of the Part 1904 recording criteria)
Some aggravation of pre-existing conditions may be
recordable if significant to cause lost days, loss in
productivity or medical treatment
Subpart G - Definitions

Physician or Other Licensed Health
Care Professional (PLHCP): A physician
or other licensed health care professional is
an individual whose legally permitted scope
of practice (i.e., license, registration, or
certification) allows him or her to
independently perform, or be delegated the
responsibility to perform, the activities
described by this regulation.
Subpart E
Reporting Fatalities
Reporting fatalities and multiple
hospitalization incidents to
OSHA § 1904.39

Within eight (8) hours after the death of any
employee from a work-related incident or the
in-patient hospitalization of three or more
employees as a result of a work-related
incident, you must orally report the
fatality/multiple hospitalization by telephone
or in person to the Area Office of the
Occupational Safety and Health
Administration (OSHA), U.S. Department of
Labor, that is nearest to the site of the
incident.
Reporting fatalities and multiple
hospitalization incidents to
OSHA § 1904.39

You may also use the OSHA toll-free central
telephone number, 1-800-321-OSHA
(1-800-321-6742).
Reporting fatalities and multiple
hospitalization incidents to
OSHA § 1904.39

If the Area Office is closed, may I report the
incident by leaving a message on OSHA's
answering machine, faxing the area office, or
sending an e-mail?

No, if you can't talk to a person at the Area
Office, you must report the fatality or
multiple hospitalization incident using the
800 number.
Reporting fatalities and multiple
hospitalization incidents to
OSHA § 1904.39

You must give OSHA the following
information for each fatality or multiple
hospitalization incident:

The names of any injured employees;

Your contact person and his or her phone
number; and

A brief description of the incident.
Reporting fatalities and multiple
hospitalization incidents to
OSHA § 1904.39

What if I don't learn about an incident right
away?

If you do not learn of a reportable incident at
the time it occurs and the incident would
otherwise be reportable under paragraphs (a)
and (b) of this section, you must make the
report within eight (8) hours of the time the
incident is reported to you or to any of your
agent(s) or employee(s).
Reporting fatalities and multiple
hospitalization incidents to
OSHA § 1904.39

Do I have to report a fatality caused by a
heart attack at work?

Yes, your local OSHA Area Office director
will decide whether to investigate the
incident, depending on the circumstances of
the heart attack.
Subpart D
Other OSHA Injury & Illness
Recording Requirements
Forms §1904.29
(Subpart C)

You must use OSHA 300, 300-A, and 301
forms, or equivalent forms, for recordable
injuries and illnesses.

The OSHA 300 form is called the Log of
Work-Related Injuries and Illnesses,

The 300-A is the Summary of Work-Related
Injuries and Illnesses, and

The OSHA 301 form is called the Injury and
Illness Incident Report.
OSHA Form 300
OSHA Form 301
OSHA Form 300A
Forms §1904.29
(Subpart C)

When do I need to complete an OSHA 301
Incident Report?

You must complete an OSHA 301 Incident
Report form, or an equivalent form, for each
recordable injury or illness entered on the
OSHA 300 Log.
Forms §1904.29
(Subpart C)

How quickly must each injury or illness be
recorded?

You must enter each recordable injury or
illness on the OSHA 300 Log and 301
Incident Report within seven (7) calendar
days of receiving information that a
recordable injury or illness has occurred.
Annual Summary § 1904.32

How do I certify the annual summary?

A company executive must certify that he or
she has examined the OSHA 300 Log and
that he or she reasonably believes, based on
his or her knowledge of the process by
which the information was recorded, that the
annual summary is correct and complete.
Annual Summary § 1904.32

Who is considered a company executive?
The company executive who certifies the log
must be one of the following persons:

An owner of the company (only if the company is
a sole proprietorship or partnership);

An officer of the corporation;

The highest ranking company official working at
the establishment; or

The immediate supervisor of the highest ranking
company official working at the establishment.
Annual Summary § 1904.32

How do I post the annual summary?

You must post a copy of the annual summary
in each establishment in a conspicuous
place or places where notices to employees
are customarily posted. You must ensure
that the posted annual summary is not
altered, defaced or covered by other material.
Annual Summary § 1904.32

When do I have to post the annual summary?

You must post the summary no later than
February 1 of the year following the year
covered by the records and keep the posting
in place through April 30.
Retention & Updating §1904.33
You must save the:

OSHA 300 Log,

Privacy Case list (if one exists),

Annual Summary (300A)

OSHA 301 Incident Report forms
For five (5) years following the end of the
calendar year that these records cover.
Update stored records as necessary during the
retention period. Do not have to update the
summary or the incident reports
Subpart C
Recordkeeping Forms &
Recording Criteria
Recording Criteria § 1904.4
Injury/Illness must be recorded if:

Work related; and is a

New case; and

Meets one or more of the general
recording criteria of § 1904.7 or
the application to specific cases
of § 1904.8 through § 1904.12
Musculoskeletal Disorders

Applies the same recording criteria
to musculoskeletal disorders (MSDs)
as to all other injuries and illnesses

Employer determines whether an
event or exposure in the work
environment caused or contributed
to the MSD
47
NO
Did the employee experience
an injury or illness?
YES
NO
Is the injury or illness
work related?
YES
Is the injury or illness
a new case?
Update the previously
recorded injury or
illness if necessary.
NO
YES
NO
Does the injury or illness meet the
general recording criteria or the
application to specific cases?
Do not need to record
the injury or illness.
YES
Record
the injury or illness.
Did the employee experience an injury or illness?
Definition [1904.46]
An injury or illness is an abnormal condition or
disorder. Injuries include cases such as, but not
limited to, a cut, fracture, sprain, or amputation.
Illnesses include both acute and chronic illnesses,
such as, but not limited to, a skin disease,
respiratory disorder, or poisoning.
49
Did the employee experience an injury or illness?
Scenario A:
A worker reports to nurses’ station with complaint of painful
wrists. Employee given 2 Advil™ and returned to job.
Stop Here
OR
Go On To The Next Question?
Answer: Go on to the next question.
Why: Painful wrists was the injury experienced.
50
Did the employee experience an injury or illness?
Scenario B:
There is a chlorine gas leak at XYZ establishment and the two
employees in the area are rushed to the hospital. They are told
to stay home the next day as a precautionary measure.
Stop Here
OR
Go On To The Next Question?
Answer: It depends ! ! We need more information.
Why: We need to know if either employee exhibited signs or
symptoms of an injury/illness. If yes, then go to the next
question. If no, STOP. We have an event or exposure
only.
51
NO
Did the employee experience
an injury or illness?
YES
NO
Is the injury or illness
work related?
YES
Is the injury or illness
a new case?
Update the previously
recorded injury or
illness if necessary.
NO
YES
NO
Does the injury or illness meet the
general recording criteria or the
application to specific cases?
Do not need to record
the injury or illness.
YES
Record
the injury or illness.
Determination of Work
Relatedness § 1904.5

You must consider an injury or illness to be
work-related if an event or exposure in the
work environment either caused or
contributed to the resulting condition or
significantly aggravated a pre-existing injury
or illness.

The work event or exposure need only be
one of the discernable causes; it need not be
the sole or predominant cause

Exceptions in 1904.5 (b)(2)
1904.5 – Work Environment

The work environment is defined as the
establishment and other locations where
one or more employees are working or
present as a condition of employment

The work environment includes not only
physical locations, but also the equipment
or materials used by employees during the
course of their work
54
1904.5 – Work Environment

Travel Status:

Work related if activities are “In the interest of the
employer” Examples include travel to and from customer
contacts and entertaining to transact, discuss, or promote business
(work-related entertainment includes only entertainment activities
being engaged in at the direction of the employer).

Hotels are “home away from home”

Commuting does not count as work related

Detours do not count

Work at home activities must be work related
55
Determination of Work
Relatedness § 1904.5
Which injuries and illnesses are considered
pre-existing conditions?
An
injury or illness is a preexisting condition
if it resulted solely from a non-work-related
event or exposure that occurred outside the
work environment.
How do I know if an event or exposure in
the work environment "significantly
aggravated" a preexisting injury or illness?

A pre-existing injury or illness is significantly
aggravated when an event or exposure in the
work environment results in any of the
following (which otherwise would not have
occurred):

Death; Loss of consciousness; Days away,
days restricted or job transfer; Medical
treatment
Work-Related Exceptions

present as a member of the general public

symptoms arising in work environment that
are solely due to non-work-related event or
exposure

personal task at work outside assigned
working hours

voluntary participation in wellness or fitness
programs
58
Work-Related Exceptions

common colds and flu

personal grooming or self-medication

motor vehicle accident in parking lot while
commuting

eating, drinking, or preparing food or drink
for personal consumption
59
Work-Related Exceptions
Mental illness, unless employee voluntarily
provides a medical opinion from a
physician or licensed health care
professional (PLHCP) having appropriate
qualifications and experience that affirms
work-relatedness
60
Is the injury or illness work-related?
Scenario A:
Employee gives blood at voluntary employer-sponsored blood
drive and passes out (loss of consciousness).
Stop Here
OR
Go On To The Next Question?
Answer: Stop Here
Why?: Exception - The injury or illness results solely from
voluntary participation in a wellness program or in a medical,
fitness, or recreational activity such as blood donation, physical
examination, flu shot, exercise class, racquetball, or baseball. 61
Is the injury or illness work-related?
Scenario B:
Employee sprains ankle in company parking lot on his way in
to work.
Stop Here
OR
Go On To The Next Question?
Answer: Go on
Why?: There is no exception that applies. Parking lot exception
applies only to motor vehicle accidents during commute.
62
Is the injury or illness work-related?
Scenario C:
Employee slips and falls in hallway at plant, breaking arm
while working on daughter’s science project on Saturday,
employee’s day off.
Stop Here
OR
Go On To The Next Question?
Answer: Stop
Why?: Exception - The injury or illness is solely the result of an
employee doing personal tasks (unrelated to their employment)
at the establishment outside of the employee’s assigned
63
working hours.
Determination of Work
Relatedness § 1904.5

Regardless of where signs or symptoms
surface, a case is work-related if a work event
or exposure is a discernable cause of the injury
or illness or of a significant aggravation to a
pre-existing condition.
NOTE: If not obvious analyze work environment
NO
Did the employee experience
an injury or illness?
YES
NO
Is the injury or illness
work related?
YES
Is the injury or illness
a new case?
Update the previously
recorded injury or
illness if necessary.
NO
YES
NO
Does the injury or illness meet the
general recording criteria or the
application to specific cases?
Do not need to record
the injury or illness.
YES
Record
the injury or illness.
Determination of New Cases
§ 1904.6

Has not previously experienced a recorded
injury or illness of the same type that affects
the same part of the body

Has had same type & part of body but had
fully recovered

If an exposure triggers the recurrence, it is a
new case (e.g., asthma, rashes)

Chronic recurrence does not count (e.g.,
silicosis, tuberculosis, asbestosis)
1904 “Rule of Thumb”

Do not need a PLHCP to determine
but if there is a medical opinion
regarding a case, the employer must
follow that opinion.
Physician or Other Licensed Health Care Professional (PLHCP)
67
Is the injury or illness a new case?
Scenario A: Five weeks ago, employee sprained wrist at work and
received support, prescription medication, and “light duty.” Two
weeks ago employee was back on normal job and completely
recovered. Today (5 weeks after the injury) employee complains of
pain in same wrist after moving boxes.
Stop Here
OR
Go On to the Next Question?
Answer: Go on
Why?: Employee had completely recovered from the previous
injury and a new event or exposure occurred in the work
environment.
68
Is the injury or illness a new case?
Scenario B: Five weeks ago, employee sprained wrist at work and
received support, prescription medication, and “light duty.” Two
weeks ago, employee was back on normal job, but continued to
take prescription medication. Today (5 weeks after the injury)
employee complains of pain in same wrist after moving boxes.
Stop Here
OR
Go On to the Next Question?
Answer: Stop
Why?: Employee had not completely recovered from the
previous injury or illness. Update the previously recorded
entry, if necessary.
69
Is the injury or illness a new case?
Scenario C: Employee fractures foot at work. Every six months
or so it bothers him and he is placed on light duty for a day or
two.
Stop Here
OR
Go On to the Next Question?
Answer: It depends. We need more information
Why?: Was the employee completely recovered? If no, stop. If
yes, was there a new event or exposure in the work
environment?
70
NO
Did the employee experience
an injury or illness?
YES
NO
Is the injury or illness
work related?
YES
Is the injury or illness
a new case?
Update the previously
recorded injury or
illness if necessary.
NO
YES
NO
Does the injury or illness meet the
general recording criteria or the
application to specific cases?
Do not need to record
the injury or illness.
YES
Record
the injury or illness.
Recording Criteria § 1904.7
A work-related injury or illness must be recorded
if it results in one or more of the following:

Death, days away from work, restricted work or transfer
to another job, medical treatment beyond first aid, or
loss of consciousness.

Diagnosed by MD whether above occurred or not;
cancer; chronic irreversible disease (silicosis,
byssinosis); cracked bone or punctured ear drum.
1904.7(b)(4) - Restricted Work Cases


Restricted work activity exists if the
employee is:

Unable to work the full workday he or she
would otherwise have been scheduled to work;
or

Unable to perform one or more routine job
functions
An employee’s routine job functions are
those activities the employee regularly
performs at least once per week
73
1904.7(b)(4) – Restricted Work Cases

Restricted work occurs when, as the result of
a work-related injury or illness:

You keep the employee from performing one or
more of the routine functions of his or her job, (i.e.
would not be able to climb) or from working the full
workday that he or she would otherwise have been
scheduled to work; or

A physician or other licensed health care
professional (LHCP) recommends the above
74
1904.7(b)(4) – Restricted Work Cases
OSHA’s policy regarding “preventive” transfers
(MSDs), a case is not recordable under 1904.7(b)(4)
as a restricted work case if:

the employee experiences minor musculoskeletal
discomfort,

a health care professional determines that the
employee is fully able to perform all of his or her
routine job functions, and

the employer assigns a work restriction to that
employee for the purpose of preventing a more
serious condition from developing.
75
1904.7(b)(4) – Job Transfer

Job transfer

An injured or ill employee
is assigned to a job other
than his or her regular job
for part of the day; or

An injured or ill employee
performs his or her routine
job duties for part of a day
and is assigned to another
job for the rest of the day
76
Recording Criteria § 1904.7

What is the definition of medical treatment?

"Medical Treatment" (MT) means the
management and care of a patient
to combat disease or disorder.

For the purposes of Part 1904,
medical treatment does not include:

Visits to PLHCP’s for observation or counseling only

Diagnostic procedures, such as x-rays and blood
tests, including the administration of prescription
medications used solely for diagnostic purposes

First Aid
Recording Criteria § 1904.7

First Aid (FA):

Using a non-prescription medication at
nonprescription strength

Tetanus immunizations
(other immunizations are MT)

Flushing skin wounds

Wound coverings & elastic bandages

Hot & cold packs

Non-rigid support (elastic wraps or bandages)

Immobilization devices used during transport
Recording Criteria § 1904.7


First Aid:

Drilling fingernails

Eye patches

Removing objects from eye using irrigation or
cotton swabs only

Simple removal of splinters

Using finger guards

Using massages

Drinking fluids for heat stress
FA/MT doesn’t depend on who administers it
Recording criteria for cases involving
occupational hearing loss § 1904.10

If an employee’s hearing test (audiogram)
reveals that the employee has experienced a
work-related Standard Threshold Shift (STS)
in hearing in one or both ears, and the
employee’s total hearing level is 25 decibels
(dB) or more above audiometric zero
(averaged at 2000, 3000 and 4000 Hz) in the
same ear(s) as the STS, you must record the
case on the OSHA 300 log
Recording criteria for needlestick
and sharps injuries. § 1904.8

Record all work-related needlestick injuries
and cuts from sharp objects contaminated
with another person's blood or other
infectious material (as defined by 29 CFR
1910.1030).

Enter the case on the OSHA 300 Log as an
injury. To protect the employee's privacy,
you may not enter the employee's name on
the OSHA 300 Log (see the requirements for
privacy cases in paragraphs 1904.29(b)(6)
through 1904.29(b)(9)).
Subpart C
(continued)
Recordkeeping Forms &
Recording Criteria
Forms §1904.29

Are there situations where I do not put the
employee's name on the forms for privacy
reasons?

You must keep a separate, confidential
list of the case numbers and employee
names for your privacy concern
cases so you can update the
cases and provide the information
to the government if asked.
Subpart D
(continued)
Other OSHA Injury & Illness
Recording Requirements
Employee Involvement

Requires employers to establish a
procedure for employees to report injuries
and illnesses and tell their employees how
to report

Employers are prohibited from
discriminating against employees who do
report

Employee representatives have access to
those parts of the OSHA 301 form relevant
to workplace safety and health
87
Employee Involvement
1904.35

Employees, former employees, their personal
representatives, and their authorized
employee representatives have the right to
access the OSHA injury and illness records,
with some limitations
Employee Involvement
1904.35

An authorized employee representative is an
authorized collective bargaining agent of
employees.

A personal representative is:

Any person that the employee or former employee
designates as such, in writing; or

The legal representative of a deceased or legally
incapacitated employee or former employee.
Employee Involvement
1904.35

When an employee, former employee,
personal representative, or authorized
employee representative asks for copies of
your current or stored OSHA 300 Log(s) for
an establishment the employee or former
employee has worked in, you must give the
requester a copy of the relevant OSHA 300
Log(s) by the end of the next business day.
Employee Involvement
1904.35

You must leave the names on the 300 Log.

However, to protect the privacy of injured
and ill employees, you may not record the
employee's name on the OSHA 300 Log for
certain "privacy concern cases," as specified
in paragraphs 1904.29(b)(6) through
1904.29(b)(9).
Employee Involvement
1904.35

Provide copy of OSHA Form 301 to
employee, former employee or personal
representative by end of next business day

Provide copies of OSHA Form 301 to
authorized representative within 7 calendar
days. Provide only “Information about the
case” section of form
Prohibition against
discrimination §1904.36

Section 11(c) of the Act prohibits you from
discriminating against an employee for
reporting a work-related fatality, injury or
illness.

That provision of the Act also protects the
employee who files a safety and health
complaint, asks for access to the Part 1904
records, or otherwise exercises any rights
afforded by the OSH Act.
Providing records to government
representatives §1904.40

When an authorized government
representative asks for the records you keep
under Part 1904, you must provide copies of
the records within four (4) business hours.
Group Exercise
Recordkeeping Recording Criteria
04-6 On 07-08-04, Don Dawn, a press
operator in the press department cut his
right thumb on sheet metal and received
27 stitches. The treating physician
recommended that he stay home for 10
days and return for a evaluation before
returning to work. Don talked his
employer into letting him stay at work
for those 10 days.
04-5 On 05-05-04, Emily Horner, a
grinder in the buffing department, went
to the local med center to have some
particles removed from both eyes.
Both eyes were irrigated and she
returned to work the next day with no
restrictions.
04-4 R.J. McDuck, a warehouse
worker, stepped on a board with
exposed nails on 04-08-04 cutting his
left foot. He was sent to the hospital
and received 7 stitches and a tetanus
shot. ( he had no days away from
work or restricted work.)
04-2 Ron Todd (truck mechanic) had
eye injuries on 02-03-04 while
working in the garage. Hospital
treatment resulted with two follow-up
visits to the doctor for foreign bodies
embedded in the eyes. (no lost
workdays)
CASE 1: Pete Barnett, a grinder operator, in
Department 6, lacerated his left forefinger
at 9:00am on Tuesday, January 6, 2004.
He was sent to the Walk-In Department at
the local clinic. It took eight (8) stitches to
close the wound. When he returned to
work the next day the doctor’s slip asked
him to return in ten (10) days for removal
of the stitches. It also said to keep the
hand clean.
CASE 2: Mike Hartman, a powered
industrial truck operator, in the Packing
Department, reported on Tuesday, March
9, 2004, that his left hand was sore. He
did not relate to a specific incident. He
said it had become increasingly worse
over the past week. He was sent to the
doctor and returned with a note requesting
that he receive therapy twice a week; wear
a brace on his hand; and return to work in
two (2) weeks.
CASE 3: Bob Miller, a Maintenance worker,
parked his car and was walking into work
on Friday, April 2nd, 2004. He slipped and
fell breaking his left arm in the parking lot.
He was taken to the hospital; a cast was
applied and he returned to work on April
5th. He was placed on restricted duty until
May 7th, when the cast was to be
removed.
CASE 4: Barb Johnson, a packer in the
shipping department, was lifting a box on
Wednesday, June 9, 2004, when she felt a
pain in her back. She reported it
immediately to her supervisor. Her
supervisor asked her if she wanted to see
a doctor and she said “no”. Two days later
she said it still hurt so she went to the
doctor. The doctor diagnosed a strain and
recommended she avoid lifting for a week
and said to return if it did not improve.